Legal Question in Wills and Trusts in California

Mother and son own house but no will

But owned her own home. The eldest son is also on the deed of the house (but at the moment is in jail and is in the dark about whats happining ). The 2 youngest sons (which one of them is temp executor, he got a probate lawyer) are selling the house. There being sneaky about it due to the fact the mother didnt want them to have anything. How would the house be divided if the eldest son also owns the house or are the 2 youngest sons breaking the law?


Asked on 5/07/08, 4:39 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Mother and son own house but no will

Need more information to advise. Consult a lawyer. If you bring a copy of the deed, this will make it easier and cheaper to get an authoritative answer.

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Answered on 5/08/08, 9:30 am
Robert Mccoy Law Office Of Robert McCoy

Re: Mother and son own house but no will

It depends on how title is held. If the eldest son is a tenant in common, then he is entitled to 1/2 the proceeds of sale. If he is a joint tenant, then the probate court has no jurisdiction over the house and cannot order it sold.

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Answered on 5/07/08, 5:28 pm


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